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RESOLUTION NO. 4410
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA AUTHORIZING EXECUTION OF
AN AGREEMENT FOR THE IMPROVEMENT OF
LOWER AZUSA ROAD.
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The proposed Agreement between the City of
Arcadia, City of Irwindale, City of El Monte and County of Los Angeles
and State of California for the proposed construction of Lower
Azusa Road from Durfee Avenue to the San Gabriel River Freeway
(UE-850-1), a copy of which is attached hereto and made a part hereof,
is hereby approved.
SECTION 2. The Mayor is hereby authorized to execute said
Agreement on behalf of the City of Arcadia.
SECTION 3. The City Clerk shall certify to the adoption
of this resolution.
I HEREBY CERTIFY that the foregoing resolution was
adopted at a regular meeting of the City Council of the City of
Arcadia held on the
19th day of February
, 1974, by the
affirmative vote of at least three Councilmen, to wit:
AYES:
Councilmen Butterworth, Hage, Helms and Arth
NOES:
None
ABSENT:
Councilman
Scott
a:~AJUZ);:~ S:1~~
City Clerk of the Cify of Arcad~a
19th day of February, 1974.
(I, /fdJ' ~
Mayor of the City of Arcadia
SIQNl?D AND APPROVED this
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/, . ~S;
dZ~4'd~
City Clerk
(SEAL)
4410
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LOCAL AGENCY-STATE AGREEMENT NO. UE- 75-1
FEDERAL-AID SECONDARY ROADS
07 Los Angeles
Dhtrlct Cowatr
URBAN EXTENSION PROJECT 850-1
Lower Azusa Road
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~;::L.<?D-.f!.JJD.gJ :v:;\..g f<st.. ...... ......................
quintupli-
THIS AGREEMENT, made in cate this......uu day of .m.......m....................,................ '
the County of Los Angeles, City of Arcadia, .
19..7.~by and between City of Irwindale, and City of El Monte,
political subdlvision(s) of State of California, hereinafter referred to as "LOCAL AGENCY", and
the STATE OF CALIFORNIA, acting by and through the Division of Highw8y~of the Department of
Transportation, hereinafter referred to as "STATE".
WIT \II E SSE T H:
WHEREAS, under the provisions of Section 143.3 of the California Streetli and Highways
Code. State Highway Funds may be alloted to cities or counties for the construction of city
streeis or county roads, on the urban extensions 6fFederal-aid Secondary hishways; and
WHEREAs, LOCAL AGENCY has requested such an allocation for 8 specific project,and
the California Highway Commission has allocated funds for said project;' and- ,
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WHEREAS, LOCAL AGENCY desires to enter into an agreement with STATE relative to
the prosecution and maintenance of the project and the payment of the funds allocated; now
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THEREFORE, the parties agree' as follows:
ARTICLE I - Contract Administration
1. The project or projects described in Exhibit A, hereinafter referred to as ",the project"
, shall be cons tructed as provided in this agreement.
2 Construction work will be performed by contract. LOCAL AGENCY. or another public
agency acting in behalf of LOCAL AGENCY will prepare the plans. specifications, and estimate,
will award and administer the contract or contracts pursuant to the laws governing LOCAL
AGENCY and will make all payments to contractors. and pay all other costs in connection with
the contract or contracts.
3. No contract shall be advertised in advance of 'execution of this agreement and approval
of the contract plans, specifications and engineer's estimate by STATE.
crTY ORIGINAT,
ARCADIA
,.aRM HCC..2'O RI!V. 7/6i .
4. ,The e8t1mated cost of the project Is as'shown in Exhibit A hereto. A contract Ahall nol.
be aWlrded for In. amount in excees-'tlf 8ald estimate nor in exceea of the lowest regular bid
received unless sulfldent funds are available end both STATE and LOCAL AGENCY concur in
In such B WArd.
5. ,STATE sholl be' given eccess to the project and project records at any time for the
purpoee of verifying Ihal the project is being or has been constructed in accordance with the,
approved contract plans and specifications. Such records shall be retained for a period of three
years following completion of the project. If STATE, in its sole discretion, shall find that any
portIon of the project is not constructed in accordance with the approved contract plans and
spec:ifications, such portion of the project shall not be eligible for STATE participation.
ARTICLE II - Rights of Wa y
1. Such rightsof way as are necessary for the construction of the project shall be furnished
by LOCAL AGENCY.
2. ,The furnishing of rights of way as provided for herein includes, in addition to all real
property required for the improvement free and clear of obstructions and encumbrances, the pay-
menl of damages to real property not actually taken but injuriously affected by the proposed
Improvement. LOCAL AGENCY shall pay from its funds the cost of acquiring rights of way and
any costs which may arise out of right of way litigation, or from delays to the contractor because
obstructions have not been removed or relocated, or because rights of way have not been made
available 10 the contractor for the orderly prosecution of the work.
3. LOCAL AGENCY will certify and/or furnish evidence to STATE prior to the advertise-
ment of any contract that sufficient rights of way have been acquired or satisfactorily protected'
to assure completion of all stages of the ultimate facility proposed and approved.
ARTICLE III - Engineering
1. Preliminary engineering-The tenn "preliminary engineering" as used herein includes
all preliminary work. including but not restricted to, preliminary surveys and reports, laboratory
work, soil investigation, preparation of plans. design and advertising.
2. Construction engineerlng- The tenn "construction engineering" as used herein includes
supervision of construction, actual inspection of the work, necessary construction staking,
laboratory and field testing, field reports and records. estimates, final report and allowable
eXP\'nses of employees engaged therein.
3. Except as otherwise set forth herein. LOCAL AGENCY or LOCAL AGENCY'S consultant
shall perform all engineering work.
4. Slnte funds will participate only in those engineering costs incurred after the Highway
Commission hns approved the program to be included'in the subsequent State Highway Budget to
be adopt<,d.
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5. When the cost of Preliminary Engineering or Construction Engineering incurred by the'
LOCAL AGENCY is to be borne in part by State Highway Funds, State participation therein
shall be limited to one-haIr the actual cost of services performed, .including compensation and
expense of personnel working on the project, the required materials, and equipment or other
rental charges normally assessed projects financed with LOCAL AGENCY gas tax monies. Per.
sonnel expense may include an assessment to cover such things as vacation and sick leave,
reserves, payroll taxes, retirement, allowances, and other fringe benefits. LOCAL AGENCY'
will contribute its administrative and overhead expenses not normally assessed projects financed
with LOCAL AGENCY gas tax monies,
6. LOCAL AGENCY will upon demand deposit with STATE sufficient local monies to
cover entire cost of any preliminary engineering to be performed by STATE. This will include
cost of reviewing the project plans, specifications, and estimate. An assessment will be added
to all direct labor costs of STATE in accordance with Section 8755,1 of the State Administrative
Manual. Upon award of construction contract, costs of preliminary engineering eligible for State
Highway Fund participation in accordance with paragraph 4 above will be taken into account in
computing STATE'S share of project costs to be advanced in accordance with ARTICLE V,
paragraph 3.
ARTICLE IV-Plans, Specifications and Engineer's Estimate
1. LOCAL AGENCY will submit three prints of the complete plans and three complete
drafts of the specifications and the E~gineer's Estimate to STATE, sufficiently in advance of
the proposed advertising date to permit thorough ~eview and adjustment of any variances,
2. The specifications shall contain no provisions limiting the contractor's employees to'
residents of any particular locality or area of the United States; nor shall they contain any
provision that would prevent the contractor from obtaining the most suitable materials, supplies
and equipment at the greatest economy from any source permitted under State law.
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3. The Legislature and the Governor of the State of California, have prescribed certain
employment"practices with respect to contract and other work financed with State funds. LOCAL
AGENCY shall insure that work performed under this agreement is done in conformance with
the rules and regulations embodying such requirements where they are applicable. Any agreement
or service contract entered into by LOCAL AGENCY for the perfonnance of work connected with
the project shall incorporate Exhibit B attached hereto.
4. After written approval by STATE, the plans, specifications and estimate shall not
thereafter be modified ,vithout prior approval by STATE.
ARTICLE V-Funds
1. All expenditures incurred by LOCAL AGENCY prior to approval of the project by the
California Highway Commission shall not be considered as a part of the project costs and State
Highway funds shall not participate in such prior expenditures.
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2. ,STATE participation will be limited to one-half the actual cost of the project, after
excluding the cost of any item or items not eligible for State participation; or to the allocation
of funds available for the project, whichever is the lesser amount.
3. 'Eighty percent (8070) of STATE'S share of the cost of the project, estimated upon the
basis of contract prices, and estimated costs of appurtenant items, will be advanced to LOCAL'
AGEN.CY upon award of the contract. The remainder of STATE'S share of the actual cos,t will,
be paid to the Local Agency upon completion of the contract and submission of a final report
prepared by LOCAL AGENCY in the form prescribed by STATE..
4. ,Upon completion of any contract or any appurtenant item, the amounts payable by the
parties hereto will be adjusted upon the basis of the actual final cost of such contract or ap-
purtenant item as shown by the project records, Any advances of funds made by STATE in ex-
cess of STATE'S share of the actual cost of the contract or appurtenant items shall be refunded
to STATE upon demand. Any amounts found due LOCAL AGENCY will be paid to LOCAL AGENCY
upon receipt of LOCAL AGENCY'S bills.
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5. Funds deposited with STATE by LOCAL AGENCY to cover the cost of work to be done
by STATE but not expended, will be refunded to LOCAL AGENCY,
6. LOCAL AGENCY shall maintain accurate and detailed records of costs for this project.
Such records shall be availa!Jle to STATE'S auditors for a period of three years following project
completion.
ARTICLE VI-Maintenance
Upon completion and acceptance of the contract, maintenance of the improvement shall
become the responsibility of LOCAL AGENCY. LOCAL AGENCY agrees to maintain the improve-
ment in,good condition, preserving not only the general physical features of the roadway, road-
side and surfacing, but also all safety and regulatory features, devices and appurtenances built
into the project, and none of said safety features, devices and appurtenances shall be' removed,
eliminated or decreased in effecti veness wi thout 'the prior approval of STATE. Access rights
acquired for the project are considered to be included in the aforementioned safety features, If,
. within ninety days after receipt of notice from STATE that the project or any portion thereof is
not being properly maintained, and that LOCAL AGENCY has not taken steps to remedy the
condi tions complained of to ST ATE'S sa tisfaction, STATE may wi thhold approval of further
Federal-aid Secondary Urban Extension projects of LOCAL AGENCY until the project shall
have been put in a condition Of maintenance satisfactory to STATE.
ARTICLE VII-Records to be Furnished
I. -Upon receipt of satisfactory bids from contractor5, LOCAL AGENCY shall furnish
STATE four copies of the letter or other instrument of award to the successful bidder together
with four copies of a summary of bids and four copies of the contract.
2. Upon completion of the contract LOCAL AGENCY will prepare and file with STATE
four copies of a final report similar in context to those prepared for State Highway projects.
Said report shall include a certification that the project has been constructed In conformance
with the approved plans and speci fications.
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ARTICLE VIII-~lis<:ellaneous Provisions
1. '(a) Neither STATE nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by LOCAL A-
GENCY under or in connection with any work. authority or jurisdiction delegated to LOCAL
AGENCY under this agreement. It is also understood 'and agreed that, pursuant to Government
Code Section 895.4, LOCAL AGENCY shall fully indemnify and hold STATE harmless Jrom
any liability imposed for injury (as defined by Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by LOCAL AGENCY under or in connection \~ith
any work, authority or jurisdiction delegated to LOCA L AGENCY under this agreement.
(bl N"ilher LOr.AL AGENCY nor any officer or employee thereof. shall be responsible
for any damal<<' or liability occurring by reason of anything done or omitted to be done by STATE
under or in connection with any work. authority or jurisdiction not delegated to LOCAL AGENCY
.under this agreement. It is also understood and agreed that, pursuant to Government Code Section,
895.4, State shall fully indemnify and hold LOCAL AGENCY harmless from any liability imposed
for injury (as defined by Government Code Section 810,8) occurring by reason of anything done
or omittl'd to be done by STATE under or in connl'ction with any work, authority or jurisdiction
not delegated to LOCAL AGENCY under this agreement.
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2. ,In the event that the project is approved on a stage construction basis, LOCAL AGENCY
shall complete the project to its final stage, with or without State aid, at such time as traffic
or other conditions warrant and in a manner satisfactorv to STATE, If, within one year after
receipt of notice from STATE that in STATE'S opinion conditions warrant"construction of a'
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subsequent stage LOCAL AGE:\CY has not taken steps to STATE'S satisfaction to undertake
said construction, STATE may withhold approval of further Federal-aid Secondary Urban Exten-
sion projects of LOCAL AGE:\CY until such steps are taken. Should the work covered by this
':' a!(re!'m!'nt involve a bridge without approaches, within two (2) years after completion of the brid~
:,~ LOCAL AGENCY shall cause such approach"s to be constructcd, with or without State aid, to
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,~dl'si/l:n standards a''''''ptablc to STATE, Approaches 01' othcr stages added to a project shall be
subj!'ct to the provisions of AllTICLE VI, Maint!'nancc. whether or not STATE has participated
in thdr cost.
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IN WITNESS WIIEIlEOF, the parties havl' c<<'cutcd this agrcr:ment by their dilly authorized
officers.
STATE OF C\L1fOtlNIA
Department of Transportation
Division of lIighways
CountY-9f Los Angeles
(tocal A~ency)
R. J. DATEL
State lIighway En!(inecr
By
ATTEST:
(Title)
By
City of Arcadia
n""purr st,;tft Hi,;/1....,.;.-,.;nll';;;;;-----.
By
ATTEST:
Approval Hf'romml'nded:
.1?fPuTYDistrict -TransportciTion-lJirect:or-
City of Irwindale
Chief'; Offrceo:f Local--Assistance
Approl't'd as to Fonn nnd Proci'dun':
By
ATTEST:
A;;~ ;;~p#lt';;;;;'-;;( Transportation
By
ATTEST:
Citly of El filonte'
I~'- // , /____-''''-.
- '---k:;;/-I_, 7- I // / t' -< .
l~ 7h~-7;-Lif~~
....
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LVG/\L AUENG:t-::i'1'J\'1'E I\Gllc.c.Ml'.N'!'
Exhibit A
ARTICLE IX-Project Location and description of work proposed:
Approved Urban Extension Project No. UE-850-1 on Lower Azusa
Road.
Reconstruct and. widen to a four-lane undivided roadway with
parking lanes.
ARTICLE X-Proposed Project funding:
1. The estimated cos t of this project is:
Arcadia El Monte Irwinda Ie . Tota 1
Highway Construction $148,000 $2,000 $ 26,000 $ 176,000
Bridg~ Construction -0- -0- 615,000 615,000.
Utilities 1,000 -0- 1,000 2,000
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Subtotal $149,000 $2,000 $642,000 $ 793,000
Contingencies 14,900 200 64,200 79,300
Subtotal $163,900 $2, 200 $706,200 $ 872,300
Engineering (PE & CE) 27,lOO 200 118,800 1116,100
TOTAL PROJECT COST $191,000 $2,400 $825,000 $1,018,400
Less Non-Partic. Cost -0- 2,400 -0- 2,400
TOTAL PARTIC. COST $191,000 .$ -0- $825,000 $1,016,000
2. Based on the above estimate, this project will be financed
as follows:
S ta te Funds: (Sec. 143.3 S & H Code)
City of Arcadia
City of Irwindale
Total State Funds
$ 75,000
412,000
$ 487,000
Local Agency Funds
City of Arcadia
County of Los Angeles
Total Local Agenpy Funds
$ 49,750
479,250
TOTAL PROJECT COST
.$ 529,000
$1,016,000
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LOCAL AGENCY-STATE AGREEMENT
ARTICLE XI - SPECIAL COVENANTS
1. In lieu of conflicting portions of Article 111-6 and
Article V-3, the following shall apply:
After contract award STATE1s share of project costs will
be paid to LOCAL AGENCY upon proper billing, in monthly
installments as the work progresses. Although LOCAL AGENCY
may provide in its construction contract a "withholding"
from progress payments to contractor, STATE's share of the
cost of completed work will be paid to LOCAL AGENCY in full.
However, should for any reason this result in an overpayment
of State1s share LOCAL AGENCY agrees to refund amount of
overpayment upon demand. Should LOCAL AGENCY fail to pay
monies due STATE within 30 days of demand or within such'
other period as may be agreed between the parties hereto,
STATE, acting through State Controller, may withhold an
equal amount from future apportionments due LOCAL AGENCY
from the Highway Users Tax Fund.
2. Los Angeles County will administer the highl'/ay construction
contract and will act on behalf of the Cities, of Arcadia,
El Monte and Irwindale in all transactions with the Department
concerning the overall project until its completion and the
final adjustments of the financial details. All of the State
Highway Funds for this project shall be released through
Los Angeles County.
3. It is understood that utility relocation work performed prior
to execution of the construction contract, which otherwise .
qualify for participation with State Highl'lay funds, will
initially be financed with Local Agency funds. Reimbursement
for said work will be made from State funds subsequent to
award of the construction contract.
4. The County and the Cities of Arcadia, El Monte and Irwindale
agree that:
a. The County shall assume all participating highway con-
struction costs attributable to the Cities after
deducting State1s and City1s contribution.
b. The City of Arcadia shall pay the County after the
project is advertised for hi~hway construction bids,
and upon demand, *49,750 as their total share. 'rhe
cost of construction of this project within the
jurisdiction of the Cities of El Monte and Irwindale
will be assumed by the County except as covered below
in subsection C pertaining to sidewalks.
c. If any or all Cities request new sidewalk construction
within their jurisdiction, that City shall pay the full
cost of such construction.
5. This agreement subject to California Highway Commission appro-
val of the environmental document and official project funding.
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